1. PUBLIC
COMMENT: Tad
Buonamici, owner of Club Osirus, addressed the Board along with a number of his
employees and requested permission to block off a portion of their
establishment in order to allow 18 to 20 year-olds to gain admittance yet be
segregated from portion of the establishment that serves alcohol. Some
discussion ensued and the Board stated that they would like to hold a public
hearing on this in order to allow the Sheriff's Department, Poudre Fire
Authority, and other interested parties the opportunity to voice their concerns
regarding this request. Chair Rennels instructed Mr. Buonamici to submit his
plans to Ms. Cookman so that a public hearing could be scheduled.

2.
APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 10, 2005:

M O T
I O N

Commissioner
Gibson moved that the Board of County Commissioners approve the Minutes for the
week of January
10, 2005,
as presented.

Motion
carried 3-0.

3.
REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 24, 2005: Ms. Hart reviewed the
upcoming schedule with the Board.

4.
CONSENT AGENDA:

M O T
I O N

Commissioner
Wagner moved that the Board of County Commissioners approve the following items
as presented on the Consent Agenda for January 18, 2005:

5.
UPDATE ON FUEL REDUCTION PROGRAM IN ESTESVALLEY: Ms. Hodges and Ms.
McDaniel presented the Board with a handout and explained their goals for the
Fuel Reduction Program in Estes Valley. Ms. Hodges informed
the Board that there may be some public concern regarding the fact that the
Forest Service will have to access private land to get to some of the forests
in order to perform the thinning of trees and undergrowth for fuel reduction.
Ms. Hodges noted that the Forest Service works with the land owners to gain
access and in many instances, they will also try to acquire permanent public
access if the land owner is agreeable to this; however, Ms. Hodges wanted it to
be perfectly clear that the Forest Service will not force access across private
land, and if the land owner will not allow access, then that portion of the
forest will remain untouched and will not be part of the fuel reduction
process. Some discussion ensued regarding the funding, and how the program
works. Commissioner Gibson questioned whether or not the Forest Service owned
a chipper and Ms. Hodges replied in the affirmative. Commissioner Wagner questioned
if the Forest Service repairs land if it is damaged while they are utilizing it
to gain access, and Ms. Hodges replied in the affirmative. The Board thanked
Ms. Hodges for the update.

6. NORTHFRONTRANGE MPO REPAYMENT
DISCUSSION: Mr.
Engemoen explained the situation in that Larimer County and the North Front
Range MPO entered into an intergovernmental agreement (IGA) on September 4,
2003; he stated that in that IGA, Larimer County agreed to advance $150,000 to
the MPO to be used as a "float" for MPO expenditures, as the MPO
typically must expend funds and then seek reimbursement from other agencies.
Mr. Engemoen noted that the IGA requires the cash advance to be repaid no later
than the third anniversary date of the IGA, which is September 4, 2006. If Larimer County does not intend to
require repayment of any portion of the $150,000 in 2005, then the MPO would
like to report this debt as a long-term liability on their 2004 financial
statements. Commissioner Gibson noted that this request is indeed following
the original plan as the County was not expecting to call in any of the monies
early. Mr. Engemoen agreed. Chair Rennels asked if the MPO was looking at the
possibility of requesting an extension. Mr. Engemoen and Commissioner Gibson
noted that they felt the MPO is on target for repayment in 2006.

M O T
I O N

Commissioner
Gibson moved that the Board of County Commissioners approve and authorize the
Chair to execute a letter to the North Front Range MPO advising them that
Larimer County does not expect repayment of any portion of the $150,000 cash
advance made to the MPO pursuant to the IGA, entered into on September 4, 2003,
at any time prior to December 31, 2005.

Motion
carried 3-0.

7.
ZONING COMPLAINT REGARDING SHEDS: Mr. Kadera noted that the Planning Department
has received a complaint from one homeowner regarding 28 different properties
with sheds constructed on them. Mr. Kadera noted that in order to determine if
the sheds are in compliance, they would have to make a site visit to each
property, and due to staffing constraints, he requested that this matter be
deemed low priority. Mr. Kadera also noted that it may be difficult to get 28
property owners to agree to allow staff on-site to inspect their structures.
Finally, Mr. Kadera stated that a similar situation occurred in the Mountain
Range Shadows subdivision and the complaint was deemed retaliatory in nature
and was not investigated by staff; he stated that this complaint will remain on
the books as an active complaint and they will investigate it as time permits.
Commissioner Wagner asked if there was a homeowners association involved. Mr.
Kadera replied in the affirmative, but explained that it seems as though the
homeowners association is waiting to see if the County will take action.

M O T
I O N

Commissioner
Wagner moved that the Board of County Commissioners approve of permitting
zoning code enforcement to deem this complaint low priority.

Motion
carried 3-0.

8.
REQUEST FOR COMPENSATION POLICY WAIVER FROM SHERIFF'S DEPARTMENT: Major Nelson explained that
Lt. Sullivan began his employment with the Sheriff's Department as a Patrol
Officer I; however, his 25 years of prior experience in law enforcement helped
him to quickly attain the rank of Lieutenant. Major Nelson stated that Lt.
Sullivan does not have the benefit of longevity as a County employee, but he is
doing the work of a Lieutenant and the compensation he is receiving is
inadequate for the job duties and performance level of his position and
requested a waiver of policy in order to increase Lt. Sullivan's salary to an
acceptable level. Ms. Oliver reviewed Lt. Sullivan's pay history and described
the various impacts from his hiring rate of pay and his promotions when
compared with other similarly situated employees. Mr. Gamlin noted that HR
understands Lt. Sullivan's dilemma; however, county policy anticipates that not
every employee will be paid exactly the same for doing the same job, as rates
of pay are influenced by factors including both longevity and the initial rate
of pay when hired. Therefore, Mr. Gamlin continued, the Human Resources
Department does not support the request for waiver at this time. Some
discussion ensued regarding how much Lt. Sullivan is currently earning compared
to the other Lieutenants in the Department, and the rates of pay for different
levels of positions and responsibilities within the Sheriff's Department. Lt.
Sullivan stated that he is doing more work now, with more responsibility and
longer hours; however, he is making less now as a Lieutenant due to the fact
that he can no longer claim overtime. Lt. Sullivan also noted he is earning
less than the Sergeants he is supervising. Mr. Gamlin noted that he can
appreciate Lt. Sullivan's perspective; however, the same could be said for other
positions within the County. Mr. Gamlin requested the Board provide the Human
Resources Department some time to look at the situation and the policy
surrounding this issue so they could come back to the Board with a
recommendation that could be applied fairly across the County as a whole.
Chair Rennels stated that she wanted this issue to be resolved in a timely
manner and that retroactive pay could be utilized if applicable. Commissioner
Gibson suggested this item be tabled to give the Human Resources Department
time to review and submit recommendations.

M O T I
O N

Commissioner
Gibson moved that the Board of County Commissioners table this item for 60 days
in order to allow the Human Resources Department time to research and form a
recommendation to the Board; however the draft recommendation shall be presented
to the Board in 30 days.

Motion
carried 3-0.

9. WORKSESSION:
Mr.
Lancaster noted that there are a number of Boards up for review and asked if
the Commissioners would like to meet with them; specifically, the Agricultural
Advisory Board, the Estes Valley Planning Commission, the Flood Review Board,
the Planning Commission, and the Community Corrections Advisory Board. Chair
Rennels stated that it is a good idea to check in with these Boards and also
noted that it would be good for Commissioner Wagner to get to meet and know the
individuals that are providing their service with regards to these duties.

Mr.
Lancaster explained that Mr. Groom addressed the Board during public comment
recently regarding a zoning violation in Estes Park; at that time the Board had directed the County Attorney to provide information
to Mr. Groom on this issue. Mr. Lancaster noted that since that time it has
become evident the Mr. Groom is working with an attorney; therefore, it would
not be ethical for our County Attorney to provide information
directly to Mr. Groom. Mr. Lancaster requested the Board's permission to
provide a letter of explanation to Mr. Groom that will come from the County Manager, rather than from the County Attorney, which the Board agreed
to.

Finally,
Mr. Lancaster requested the Board's signatures on a letter of support regarding
the Northern Colorado Pickle Cooperative's Pickling Cucumber Variety Trials
grant application. Mr. Lancaster noted that the grant will aid local farmers
as they try to diversify and identify profitable crops for Larimer County.

M O T
I O N

Commissioner
Wagner moved that the Board of County Commissioners approve the letter of
support for the Northern Colorado Pickle Cooperative's Pickling Cucumber
Variety Trials grant application.

Motion
carried 3-0.

10.
UPDATE ON OZONE EARLY ACTION COMPACT: Mr. Ryan provided the Board with an update on
the Ozone Early Action Compact and highlighted events with regards to
legislative approval, emission controls, the 2004 ozone season, and plans for
2005. On a very positive note, Mr. Ryan presented a handout and explained that
there were no exceedances of ozone levels along the entire Front Range in 2004. Some
discussion ensued and the Board thanked Mr. Ryan for the update.

11. COMMISSIONER
ACTIVITY REPORTS:
The Board noted their attendance at events during the past week.

12.
LEGAL MATTERS:
(Affidavit provided.)

M O T
I O N

Commissioner
Gibson moved that the Board of County Commissioners go into Executive Session
for Specific Legal Advice as outlined in 24-6-402-(4) (b) C.R.S.

Chair
Rennels opened the meeting with the Pledge of Allegiance and asked for public
comment on the Larimer County Land Use Code and the County Budget. No one addressed the
Board regarding these topics. Chair Rennels then noted that the following
items are consent and would not be discussed unless requested by the Board,
staff, or members of the audience. Mr. Helmick noted that there is an addition
to item number 2 (the Meadowlark Ridge Conservation Development) regarding an
appeal recommendation that should have been included in the staff report, and
now will be included below as part of the minutes approving this item.

1. McGREGORMOUNTAIN WATERLINE FLOODPLAIN
SPECIAL REVIEW (FPSR): This is a request to approve the FPSR based on the Flood
Review Board’s recommendation of approval with one condition. The waterline
crossing of Fall
River is
for the extension of water services to a development located on the north side
of U.S. Highway 34. The Land Use Code requires that the proposed waterline
crossing receive a recommendation from the Flood Review Board, with final
approval from the Board of County Commissioners through a Flood Plain Special
Review. The Flood Review Board met November 29, 2004 and reviewed the
hydraulic modeling report for the waterline crossing on the Fall River. The Board found the
modeling report and it’s conclusions to be acceptable and voted for a favorable
recommendation to approve the FPSR, with one condition. (1) That a set of
construction drawings be submitted to County Engineering staff for review and
approval before going to the Board of County Commissioners. The set of
construction drawings were submitted, reviewed and approved by staff, satisfying
the only condition. Staff findings are that all review criteria in Section
4.2.2.G.2 of the Land Use Code have been met. Staff recommendation is for
approval of the FPSR for the waterline crossing, as represented in the modeling
report dated October
28, 2004
and construction drawings addendum dated December 7, 2004.

2. MEADOWLARK RIDGE CONSERVATION DEVELOPMENT;
04-S2268:
This is a request to: Approve a Conservation Development Land Division to
create 5 lots on 40 acres, including 4 residential lots and 1 residual lot with
a residential building envelope; and to Appeal to Sub-Section 8.14.2.G maximum length of a dead-end
access, requesting that the proposed new lots be served by an access greater
than 660 feet. At a public hearing on December 15, 2004 the Larimer County
Planning Commission considered the Meadowlark Ridge Conservation Development
preliminary plat to divide a 40-acre parcel into 4 lots ranging in size from
2.8 acres to 3.12 acres, and one 25.09 acre residual lot (20.74 net residual land)
with a 4.35 acre building envelope that contains an existing residence and
outbuildings. The residual land will be owned and maintained by the owner of
the residual lot, which includes a building envelope with an existing
residence. The site is located on Country Mountain Drive off of State Highway
60, west of County Road 7. The site is zoned FA-Farming. The property is
bordered on the east by the Carlson Subdivision, to the north by the Christian
Lateral Ditch and 35 acre parcels, the west by the Charlotte’s Farm R.L.U.P. and to
the south by properties in Weld
County, across State Highway
60. The Planning Commission and Development Services Review Team recommends
approval of the Meadowlark Ridge Conservation Development, file number
04-S2268, subject to the following conditions: 1. The Final Plat shall be
consistent with the approved preliminary plan and with the information
contained in the Meadowlark Ridge Conservation Development Preliminary Plat
(File # 04-S2268) except as modified by the conditions of approval or agreement
of the County and applicant. The applicant shall be subject to all other
verbal or written representations and commitments of record for the Meadowlark
Ridge Conservation Development. 2. The following fees shall be collected at
building permit issuance for new single family dwellings: Thompson R2-J school
fee, Larimer County fees for County and
Regional Transportation Capital Expansion, and Larimer County Park Regional
Park Fee (in lieu of dedication). The fee amount that is current at the time
building permit application shall apply. 3. The applicant shall comply with
the requirements of the Loveland Fire District as outlined in the memo from
Romeo P. Gervais, Deputy Fire Marshal, and dated October 8, 2004. 4. Engineered
footings and foundations may be required for new habitable construction.
Engineering for any new residential and/or septic system construction shall be
done in consideration of the recommendations of the Colorado Geological Survey
as outlined in the letter from TC Wait dated October 14, 2004. 5. Passive radon
mitigation measures shall be included in the construction of all new
residential structures in this development. Radon detection tests are required
in all new residential structures on this site. The results of these tests
shall be submitted to the Planning Department once the structure is enclosed
but prior to issuance of a certificate of occupancy. As an alternative, a
builder may present a prepaid receipt for a radon tester that specifies that a
test will be done within 30 days. A permanent certificate of occupancy can be
issued when the prepaid receipt is submitted. 6. During the Final Plat review
process for this development and prior to approval, the applicant shall resolve
the technical issues found in the following referral letter: Larimer County
Engineering Department by Christie Coleman, dated October 1, 2004. 7. The applicant
shall execute an agreement with the Christian Lateral Ditch Company prior to
final plat approval.

The Development
Services Review Team also recommends approval of the appeal to Sub-Section
8.14.2.G maximum length of a dead-end access, requesting that the proposed new
lots be served by an access greater than 660 feet, with the conditions that:
1. The new homes will have residential fire sprinkler systems; and 2. A
hammer-head turn around will be installed between Lots 1 and 2 as shown on the
preliminary plat.

3. WEST HIAWATHA HEIGHTS LOTS 2A&B, BLOCK
11 AMENDED PLAT; 04-S2378: This is a request to amend the plat of Lots 2A &2 B,
3A & 3B, Block 11, in West Hiawatha Heights Subdivision, by combining four
lots and a metes and bounds parcel into one lot. All review criteria has been
met and no neighbors have voiced any objections to this proposal. Additionally,
the following Larimer County agencies have stated
that they have no objections to this proposal: The Larimer County Department
of Health and Environment; The Land Surveyor of the Larimer County Engineering
Department; The Larimer County Engineering Department Development Review Team.
The proposed plat amendment to create one lot will not adversely affect any
neighboring properties or any County agency. The Amended Plat will not result
in any additional lots. The staff finds that the request meets the requirements
of the Larimer County Land Use Code. The Development Services Team
Recommendation is for approval of file #04-S2378, the Amended Plat of Lots 2A
& 2B, 3A & 3B, Block 11, in West Hiawatha Heights Subdivision, subject
to the following conditions and authorization for the chairman to sign the plat
when the conditions are met and the plat is presented for signature: 1. The
Final Plat shall be recorded by June 20, 2005 or this approval shall be null
and void. 2. Technical corrections and clarifications requested by the
Larimer County Engineering shall be made prior to recordation of the plat. 3.
Prior to the recordation of the Final Plat the applicant shall make the
technical corrections requested by Dale Greer, Land Surveyor of the Larimer County
Engineering Department.

M O T
I O N

Commissioner
Gibson moved that the Board of County Commissioners approve the Consent Agenda
as presented and outlined above.